Here’s the stand I think is rational.
If you as a governor say you “will not abide by this new edict,” you DO NOT SUE IN COURT. To say you will not abide and then sue in court is irrational. To take it to court is an implicit consent to abide by what that court you appeal to finally rules. You cannot submit to a court and then say you will not abide by the court’s decision if it’s adverse to your position.
You either take it to court, risking losing, or you simply refuse to obey the Biden order, with all of the baggage that implies.
Right, throwing this to the unreliable courts is an act of cowardice. When they lose they will get in front of the cameras and say we tried when they should draw the line and refuse to enact this outrages BS.